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What are we each entitled to in our divorce settlement?

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Periodical payments order after divorce

  • Springle678
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16 Aug 18 #503417 by Springle678
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Hi

I have been divorced for 3 years and as part of the ancillary order my ex has been ordered to make periodical payments to me of £1 a year. Standard stuff I believe if you don't get a Clean Break.

He pays his child maintenance every month which is the only good thing that I can say about him. He continues to be unsupportive and a disruptive influence on our children.

My query is that he has been made redundant and I want to know if I can make a request that some of his redundancy is paid to the children's trust funds. He's made no contribution towards them since I left him and I find it very unfair that he has come into a large sum of money and his children see none of it.

The order is very non specific, it's states the £1 a year thing and the conditions under which it stops then says that other than what is provided in the order each parties claim for periodical payments, lump sum orders, property adjustment orders, pension orders will be dismissed.

The judge did say that it doesn't relate to capital, just income but I do not really understand the order.

Can I pursue him for some of his redundancy money for the children?

Thank you for any advice.

  • WYSPECIAL
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16 Aug 18 #503418 by WYSPECIAL
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Springle678 wrote:

in the order each parties claim for periodical payments, lump sum orders, property adjustment orders, pension orders will be dismissed.

Can I pursue him for some of his redundancy money for the children?

Thank you for any advice.


I'm not an expert but the wording that lump sum orders be dismissed seems to suggest not.

Are you sure the £1 per year isn't nominal Spousal Maintenance? This is often written into orders which would otherwise be a Clean Break as an insurance while children are young. It is very rare for it to be increased.

On what basis does he pay child maintenance? Probably not what you want to hear but if he has been made redundant this is likely to go down dramatically until he finds another job.

  • Springle678
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16 Aug 18 #503421 by Springle678
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Hi

The £1 just says periodical payments, I am sure it isn't spousal maintenance as it was argued that it wasn't necessary as I earn more than him. I was told that I can claim against his future income but I still don't really understand how it works. Just to be clear, I do not want anything for me, I just feel that I need to ask the questions for the childrens sake.

He pays his child maintenance through CMS and it is calculated on his income. I am expecting him to do whatever he can to minimise this now. I don't rely on it thankfully but it is a shame for the children considering the history.

Thanks

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